| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B302482
|
In re Dominic F.
Substantial evidence supported the juvenile court's finding that the Indian Child Welfare Act of 1978 did not apply to minors. |
Dependency |
|
M. Stratton | Oct. 8, 2020 |
|
C080685
|
Stevenson v. City of Sacramento
Trial court properly ordered appellants to post an undertaking under Code of Civil Procedure Section 529 as a condition to obtaining their Public Records Act injunction. |
Public Records Act |
|
C. Blease | Oct. 8, 2020 |
|
19-1334
|
In re Rudolf Sienega
Bankruptcy court correctly found notifying California Franchise Tax Board of federal tax adjustments via fax did not constitute 'informal returns' under Bankruptcy Code Section 523(a)(1)(B). |
Bankruptcy |
|
R. Faris | Oct. 8, 2020 |
|
20-1025
|
In re Dennis Berkovich and Marina Voloshin
Report required under Revenue and Taxation Code Section 18622(a) is an 'equivalent report' within the meaning of Bankruptcy Code Section 523(a)(1)(B). |
Bankruptcy |
|
R. Faris | Oct. 8, 2020 |
|
B299810
|
Fipke v. California Horse Racing Bd.
Business and Professions Code Section 19500 prohibits stewards from awarding double jockey fee to rider who is removed from mount prior to 'scratch time.' |
statutory_interpretation |
|
T. Bigelow | Oct. 7, 2020 |
|
A152462
|
Skaff v. Rio Nido Roadhouse
Plaintiff could not be awarded attorney fees under catalyst theory because claim on which it was based was objectively without legal merit. |
Civil Procedure |
|
G. Sanchez | Oct. 7, 2020 |
|
C087371
|
Shipp v. Western Engineering, Inc.
Highway contractor controlling traffic on public highway owed duty of care to motorist who was rear-ended when forced to stop behind vehicle that was unable to turn left because contractor stopped traffic. |
Torts |
|
W. Murray | Oct. 7, 2020 |
|
E072523
|
Reales Investment, LLC v. Johnson
Trial court did not abuse its discretion in denying motion for continuance made on the first day of trial. |
Civil Procedure |
|
C. Codrington | Oct. 7, 2020 |
|
G058353
|
Modification: Murray v. UPS Capital Insurance Agency, Inc.
Plaintiff raised triable issue of fact as to whether defendant undertook special duty by holding itself out as having expertise in inland marine insurance. |
Torts |
|
K. O'Leary | Oct. 7, 2020 |
|
20-16759
|
Arizona Democratic Party v. Hobbs
Order |
|
Oct. 7, 2020 | ||
|
19-10014
|
U.S. v. Pacheco
Deportation is 'pending' for purposes of 18 U.S.C. Section 2246(5)(A) when victims are in unresolved deportation or removal proceedings; thus, defendant's convictions for sexually abusing noncitizen minors were affirmed. |
statutory_interpretation |
|
R. Dawson | Oct. 7, 2020 |
|
B299856
|
Doe v. Yim
Trial court did not abuse its discretion in disqualifying attorney from representing her daughter against attorney's ex-husband for alleged sexual abuse under advocate-witness rule. |
Attorneys |
|
N. Manella | Oct. 7, 2020 |
|
B300575
|
People v. Allison
Defendant convicted of murder with felony-murder special circumstance was properly held ineligible for resentencing under Penal Code Section 1170.95. |
Criminal Law and Procedure |
|
F. Rothschild | Oct. 6, 2020 |
|
C083898
|
People v. Martinez
Sufficient evidence supported jury's finding that defendant solicited or recruited minor to actively participate in a criminal street gang under Penal Code Section 186.26(a). |
Criminal Law and Procedure |
|
H. Hull | Oct. 6, 2020 |
|
B292609
|
Flagship Theatres of Palm Desert, LLC v. Century Theatres, Inc.
Plaintiff did not present substantial evidence of anticompetitive effects in the relevant geographic market. |
Antitrust |
|
F. Rothschild | Oct. 6, 2020 |
|
E074852
|
In re S.S.
Juvenile court's detriment finding was based on father's poverty, which is barred by statute and case law. |
Dependency |
|
M. Slough | Oct. 6, 2020 |
|
20-55951
|
Flores v. Barr
Opinion |
|
Oct. 6, 2020 | ||
|
18-15585
|
U.S. v. Sterling Centrecorp
Operator liability under CERCLA requires the actual participation in decisions related to pollution. |
statutory_interpretation |
|
M. Melloy | Oct. 6, 2020 |
|
H044395
|
Hooked Media Group, Inc. v. Apple Inc.
Broken promises regarding future conduct may be actionable as promissory fraud, but only if promisor did not actually intend to perform at the time the promise was made. |
Civil Procedure |
|
A. Grover | Oct. 5, 2020 |
|
B292458
|
Simgel Co., Inc. v. Jaguar Land Rover North America, LLC
A trial court has the authority to correct a mistaken verdict under Code of Civil Procedure Section 663. |
Civil Procedure |
|
E. Grimes | Oct. 5, 2020 |
|
B298958
|
Modification: Ramos v. Mercedes-Benz USA, LLC
Buyer may not obtain restitution of new vehicle's full price, where manufacturer failed to complete repairs within 30 days, but defect did not substantially impair vehicle's use, value or safety. |
Consumer Law |
|
E. Grimes | Oct. 5, 2020 |
|
B301147
|
People v. Betts
Penal Code Section 667.61(j)(2)'s One Strike law's sentencing provisions applied to convictions for lewd acts on a child under age 14. |
statutory_interpretation |
|
M. Tangeman | Oct. 5, 2020 |
|
B302892
|
People v. Love
Defendants convicted of attempted murder on a natural and probable consequences theory are excluded from relief under Senate Bill 1437. |
statutory_interpretation |
|
B. Hoffstadt | Oct. 5, 2020 |
|
A157154
|
People v. American Surety Company
Trial court properly forfeited bond after defendant failed to appear even though bond posted was less than amount ordered by the court due to miscommunication. |
Criminal Law and Procedure |
|
T. Stewart | Oct. 5, 2020 |
|
B288396
|
Lopez v. City of Los Angeles
Because commercial business leasing property did no more than put driveway and gutter to their ordinary uses, it did not control area where plaintiff fell. |
Torts |
|
B. Hoffstadt | Oct. 5, 2020 |
|
H047586
|
In re J.P.
Pursuant to Family Code Section 7642, juvenile court had authority to determine that its prior order denying presumed parent status should be modified. |
Dependency |
|
E. Premo | Oct. 5, 2020 |
|
19-55898
|
Lockett v. County of Los Angeles
Government Code Section 945.3's 'based upon' language applied to plaintiff's 'Monell' claim, and his claim was properly tolled until dismissal of his criminal charges. |
Civil Rights |
|
P. Bumatay | Oct. 5, 2020 |
|
B298958
|
Ramos v. Mercedes-Benz USA, LLC
Buyer may not obtain restitution of new vehicle's full price, where manufacturer failed to complete repairs within 30 days, but defect did not substantially impair vehicle's use, value or safety. |
Consumer Law |
|
E. Grimes | Oct. 2, 2020 |
|
B301267
|
People v. McCallum
Trial court abused its discretion in denying defendant an opportunity to present information relevant to Secretary of Department of Corrections and Rehabilitation's recommendation for recall and resentencing. |
Criminal Law and Procedure |
|
G. Feuer | Oct. 2, 2020 |
|
19-55586
|
Arcona Inc. v. Farmacy Beauty
A trademark counterfeit claim requires a showing of likelihood of confusion under 15 U.S.C. Section 1114. |
Intellectual Property |
|
K. Lee | Oct. 2, 2020 |